Easier way for some couples to get divorced: consultation - easy read version

Easy read version of family law consultation about making it easier for people to get divorced in Scotland.

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98 days to respond
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What the law says at the moment

At the moment there are 2 ways to get divorced - a longer way and a quicker way.

1. A longer way

This is called the ordinary procedure – when someone sends the court a special document called an initial writ or a summons.

This way often needs a solicitor’s help.

Solicitors are people who know about the law and can give advice or help with law problems.

2. A quicker way

This is called the simplified procedure or simplified divorce – when someone fills in a form and sends it to the court.

This way does not need a solicitor.

At the moment, 2 people who have any children younger than 16 years old can only choose the ordinary procedure to get divorced.

At the moment, if either of the 2 people have:

  • a mental illness
  • a learning disability
  • a personality disorder

they can only choose the ordinary procedure to get divorced.

There are problems with using the ordinary procedure:

  • the divorce can take longer to happen
  • the divorce can cost more because of needing a solicitor

Contact

Email: familylawconsultation@gov.scot

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